Legal Question in Wills and Trusts in New Jersey

Is there a statute of limitations on estates?

My mother died in 1981. I was co-executrix of her estate. In her will, Mother left my sister 3 acres of land attached to my sister's house. Another sister and I signed deed as co-executrices for other sister (Teresa) to inherit land. Teresa NEVER FILED DEED. Teresa is now 82 years old and wants a reverse mortgage. Title company and Teresa's lawyer want both co-executrices to sign new deed. Says if not signed, lawyer will file an Order to remove us a co-executrices. Says it is our DUTY to sign deed (which does not match original deed, by the way). IS THERE A STATUTE OF LIMITATIONS? ARE WE OBLIGATED IN ANY WAY? ESTATE IS NOW 27 YEARS OLD.


Asked on 5/22/08, 4:13 pm

1 Answer from Attorneys
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: Is there a statute of limitations on estates?

I don't know if you are "obligated" to sign the new deed or not. However, I have had cases such as this in the past, where executors are called on to take care of similar problems that arise many, many years after the estate has been settled.

What's the downside to you if you sign? Yes, the lawyer can file an order to have you removed, but to what end?? Someone will still need to be appointed as executor in order to sign the deed. Seems like it would be in everyone's best interest for you and your sister to just sign it and move on. However, I would have your sister execute a reciept, waiver and release first.

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Answered on 5/22/08, 4:24 pm


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